COSATU Media Monitor 22 September2008

THE African National Congress (ANC) would announce its candidate to replace President Thabo Mbeki today, party treasurer-general Mathews Phosa said last night.

The ANC has attempted to manage the handover process amid speculation that the government will grind to a halt should there be a spate of resignations from the executive in the wake of Mbeki’s recall from office.

Several names have been suggested for acting president ahead of next year’s election. Party president Jacob Zuma is the ANC’s presidential candidate and is likely to assume office only after the ANC has contested and won the election. All the candidates in the running for acting president run the danger of appearing “too eager” and could be viewed as rival candidates to Zuma.

Sources in the ANC confirmed yesterday that National Assembly Speaker Baleka Mbete was the favourite to step in when Parliament accepts Mbeki’s resignation. The sources said although Mbete was not “keen” to accept the nomination, she would “do it for the ANC” if asked.

ANC deputy president Kgalema Motlanthe has also been touted for the position, with Housing Minister Lindiwe Sisulu as his deputy.

“The discussion apparently stems from Zuma himself, in the final session of the party’s NEC meeting. But there has not been broad consensus on the issue. Baleka’s name has been communicated to structures,” another source said.

Yesterday, Deputy President Phumzile Mlambo-Ngcuka’s spokesman, Denzil Taylor, threw a spanner in the works, saying earlier speculation that she would resign “was not true”.

If Mlambo-Ngcuka does not resign, constitutionally she takes over in the event that Mbeki no longer occupies the post.

ANC secretary-general Gwede Mantashe dismissed speculation of a mass exodus from the cabinet, saying it was just a “hypothesis”.

“We had a meeting with all of the ministers. We explained why the ANC took the decision to recall Mbeki. We asked all of the ministers to stay. No one in that meeting indicated that they would resign,” Mantashe said in a television interview.

Mbeki is said to have refused to discuss the possible resignation of his ministers during a cabinet meeting in Pretoria yesterday.

ANC insiders have said that ministers were likely to weigh up their options, including exit packages, before making decisions. A commission headed by Justice Dikgang Moseneke, which aims to standardise benefit packages for ministers, has not concluded its work.

1.2 Mbeki bows out

Political Bureau, Pretoria News, 22 December 2008

· The ANC leadership will nominate a new president at a meeting on Monday morning, a spokesperson has said.

A defiant President Thabo Mbeki bowed out from office on Sunday, proclaiming his innocence while pledging loyalty to the organisation that unceremoniously ousted him as head of state.

In a surprise turn of events, the ANC's preferred nominee to lead the country until next year's election appears to be party deputy president and Minister in the Presidency, Kgalema Motlanthe.

As speculation mounted on Sunday night, a new name was also thrown into the mix as deputy president - Housing Minister Lindiwe Sisulu - who has served in government since 1994 both as deputy and full member of the executive.

This has been suggested as an attempt to unite the party and maintain cohesion, amid threats of a split.

However, some within the ANC's National Executive Committee prefer National Assembly Speaker Baleka Mbete, who is also party chairman, to serve as caretaker president. In this scenario, Motlanthe would be her deputy.

On Sunday night, senior ANC leaders were still discussing the constitutional succession hierarchy and possible nominees for the top jobs.

The ANC's top six, including party president Jacob Zuma, who has remained out of the public eye since Friday, will announce South Africa's new presidential pair.

The ANC's parliamentary caucus will meet on Monday morning, where they will be officially informed of developments.

At a special extended Cabinet meeting on Sunday - the last to be held by the Mbeki administration - Mbeki declined to accept the resignations of loyal ministers.

ANC treasurer-general Mathews Phosa said on Sunday night no one would be ousted from their posts in the executive, but the party could not stop those who wanted to join Mbeki in resigning.

The ANC wants to ensure that the country's administration does not collapse, given that it has to fight an election next year.

Mbeki sent his formal resignation to the National Assembly on Sunday after being told by top brass of the ANC on Saturday morning that the ruling party had decided to "recall" him from office.

Deputy President Phumzile Mlambo-Ngcuka will take her cue from the party's leadership as to whether they want her to remain in government.

In terms of the Constitution, Mbeki's resignation letter must be forwarded to the Chief Justice by Mbete, in her capacity as National Speaker, who is obliged to set the date for the National Assembly to elect the new president.

Parliamentary officials said at least 48 hours would be required for the necessary notice to be given to the 400-member Assembly for the historic vote.

At the earliest the vote could be on Tuesday, although the House is also scheduled to sit in plenary session on Thursday.

The ANC's majority in the House would mean that whoever the party's nominee will be is assured of election.

In a 20-minute speech, a stoic Mbeki bade farewell to the country last night in a televised address.

The outgoing president "categorically" emphasised his and his Cabinet's innocence of any interference with the work of the National Prosecuting Authority.

This follows a judgment by Pietermaritzburg High Court judge Chris Nicholson which suggested there was reason to think such interference had occurred - the catalyst for the axing of Mbeki following a lengthy and intense deliberation by the ANC's National Executive Committee.

On Sunday night Mbeki said even on the "painful matter "involving the prosecution of ANC leader Jacob Zuma there had been no executive interference and his Cabinet had sought to uphold the integrity of the judiciary and not to violate the Constitution and law.

Mbeki criticised "gratuitous suggestions made seeking to impair the dignity" of his executive.

He spoke of his long history in the ANC and thanked the country for the opportunity to have served it for 14 years, first as deputy president and then as president.

Mbeki outlined the government's many achievements at home and abroad but said there remained a gulf between the rich and poor and much work remained to be done.

He spoke of the challenges and hopes of Africa and thanked other heads of state on the continent for their co-operation and support.

The address came shortly after a special Cabinet meeting in Pretoria on Sunday.

Foreign Affairs Minister Nkosazana Dlamini-Zuma and Finance Minister Trevor Manuel were absent as they are in New York for the UN General Assembly. Mbeki cancelled the trip.

Speaking during a debate on SABC 1's talk show Asikhulume, ANC treasurer-general Mathews Phosa said Mbeki had been sacked because the ANC had "lost confidence in him". In fact the "masses" had congratulated the ruling party for sacking Mbeki, Phosa said.

Defending the decision to "recall" Mbeki, Phosa said the ANC was within its rights to do so.

"We have the right to decide who shall lead us from time to time," he said.

On rumours that Mbeki's backers were planning to form a new political party, Phosa said the ANC was little perturbed by this.

"Let them come; we are not frightened by that; let them come," he said.

The ANC will brief its parliamentary caucus on the NEC's decision and the way forward on Monday.

The party will also meet newspaper editors, as well as church and other interest groups, within the "next seven days" to brief them, said Phosa.

Democratic Alliance leader Helen Zille said on Sunday night that Mbeki used his live resignation speech on television as the opportunity to spell out the legacy for which he would like to be remembered and to set the record straight on Judge Chris Nicholson's inference that Mbeki may have interfered in the National Prosecuting Authority's prosecution of Zuma.

"This judgment gave the Zuma faction the reason it had been seeking for a long time to oust Mbeki and seize power so that they can impose a political solution to avoid Zuma having to face his day in court," she said.

"The incoming president must make a commitment that he or she will not interfere with the NPA's decision to appeal Judge Nicholson's judgment or any further efforts by the NPA to prosecute Jacob Zuma for the 783 alleged bribes he received. The vicious way in which Mbeki was forced out by his enemies has shocked the nation. As a result, the ANC stands irrevocably divided and so do its supporters. Ironically, President Mbeki spoke about the value of Ubuntu, which has clearly been denied to him by his own party," said Zille.

ID leader Patricia de Lille said Mbeki was making a "dignified" exit and he had tried to give South Africans the assurance that "everything will be okay".

"Mbeki is always so aloof. This was the first time I saw some emotion - some passion - in his address. He connected well with the people of this country tonight. The lesson for all politicians here is that you must never take for granted those who voted you into office."

She said Mbeki had paid a "heavy price" in the end for not appointing a judicial commission of inquiry to investigate arms deal corruption and that there was some irony in the fact that he - and not Zuma - was now the "highest profile casualty of the arms deal".

ACDP MP and justice spokesperson Steve Swart said the ANC had chosen what appeared to be the "least disruptive" constitutional manner of replacing Mbeki and thereby avoiding a messy constitutional crisis.

UDM leader Bantu Holomisa also paid tribute to Mbeki's success in achieving macro-economic stability. He said the speech was a challenge to his successor that suggested: I've done OK - now let's see if you can do better.

1.3 Defiant to bitter end, Mbeki: ‘I did not meddle’

Karima Brown, Amy Musgrave and Hajra Omarjee, Business Day, 22 September 2008

IN A final swipe at his accusers, President Thabo Mbeki last night absolved himself and his government of ever interfering in the work of the National Prosecuting Authority (NPA) and the criminal justice system.

Mbeki’s comments in his farewell speech to the nation follow the African National Congress’s (ANC’s) decision at the weekend to recall him before his term ended.

“I would like to restate the position of cabinet on the inferences made by the Honourable Judge Chris Nicholson that the president and cabinet have interfered in the work of the National Prosecuting Authority.

“Again I would like to state this categorically that we have never done this, and therefore never compromised the right of the National Prosecuting Authority to decide whom it wished to prosecute or not to prosecute,” he said last night.

Mbeki said the same applied to the matter relating to ANC president Jacob Zuma.

“This applies equally to the painful matter relating to the court proceedings against the president of the ANC, Comrade Jacob Zuma.”

Nicholson threw out the state’s seven-year corruption and fraud case against Zuma earlier this month, saying that Zuma should have been given the right to make representations to the NPA before being charged again.

He also said there was executive meddling in the NPA’s case against Zuma, and his long-held claims of a political conspiracy were not farfetched.

Nicholson noted a “distressing pattern” of “political interference, pressure or influence”.

“It is a matter of grave concern that this process has taken place in the new SA, given the ravages it caused under the apartheid order,” he said.

Nicholson cited the suspension of NPA boss Vusi Pikoli as an example of executive meddling. “All that is clear from the constitution, the National Prosecuting Authority Act and the various prosecution policies, directives and codes of conduct. The suspension of the national director was a most ominous move that struck at the core of a crucial state institution,” he said in his judgment.

Mbeki’s emphatic denial is in sharp contrast to evidence given by Pikoli in his version of events, which is the subject of an inquiry. Pikoli argued that he was suspended by Mbeki because of the NPA’s investigation of suspended police chief Jackie Selebi.

Former National Assembly speaker Frene Ginwala, who is heading the inquiry, is yet to make a finding on the matter.

Last night’s address came after much speculation that Mbeki’s supporters in the cabinet would resign in solidarity, but Mbeki made no mention of this. He met the cabinet earlier in the day.

The 66-year-old Mbeki said on live television that he had handed a letter of resignation to Mbete yesterday.

The effective date of the resignation would be determined by the National Assembly.

“I have been a loyal member of the African National Congress for 52 years. I remain a member of the ANC and therefore respect its decisions. It is for this reason that I have taken the decision to resign as president of the republic, following the decision of the national executive committee of the ANC,” he said.

Mbeki, who showed no emotion, listed the achievements of the government under his stewardship. These included the longest period of sustained growth thus far, the empowerment of women, winning the right to host the 2010 Soccer World Cup and becoming a non-permanent member of the United Nations Security Council.

However, he also acknowledged the “challenges” facing the country, including poverty, crime and corruption. “Despite the economic advances we have made, I would be the first to say that even as we ensured consistent economic growth, the fruits of these positive results are still to be fully and equitably shared among our people, hence the abject poverty we still find coexisting side by side with extraordinary opulence,” he said.

Mbeki took the opportunity to thank the many who had sent him messages of support as well as his colleagues, and heads of state.

Democratic Alliance leader Helen Zille described Mbeki’s resignation as “dignified”, saying he used the opportunity to spell out the points of his presidency for which he wished to be remembered.

She said Mbeki demonstrated respect for Nicholson’s judgment, even though he had not been given a chance to state his case in court.

Mbeki’s dignified exit gave the country hope that there would be some continuity in government between now and next year’s election, Zille said.

1.4 OUT! How Mbeki was toppled

Moipone Malefane, Mpumelelo Mkhabela, Ndivhuho Mafela, Zine George and Paddy Harper, Sunday Times, 21 September 2008

In South Africa’s most dramatic political week since 1994, the ANC yesterday fired President Thabo Mbeki.

Mbeki is expected to announce his resignation at a special sitting of parliament this week.

In other developments:

 The ANC has selected speaker and ANC chairman Baleka Mbete to serve out the rest of Mbeki’s term, which ends in April;

 Senior Mbeki supporters, including minister of defence Mosiuoa Lekota, plan to split the ANC with the launch of a new party that could contest next year’s election;

 Mbeki has cancelled a scheduled trip to New York to address the General Assembly of the United Nations and launch an international 2010 Soccer World Cup project;

 ANC president Jacob Zuma summoned all Mbeki’s cabinet ministers to a meeting yesterday evening, but several said they would not accept his invitation to stay on in government.

Mbeki’s lifelong ascent through the ranks of the ANC came to a crashing halt in the early hours of yesterday morning when party treasurer Mathews Phosa declared a consensus in favour of his dismissal.

The charge had been led by bitter Mbeki rivals Tokyo Sexwale, Cyril Ramaphosa and Blade Nzimande.

Sexwale and Ramaphosa, who were once presidential contenders, argued that Mbeki had abused state power to push them out of politics.

Sexwale even proposed that Mbeki should be hauled before an ANC disciplinary committee on charges of abusing state power.

This could add weight to Zuma’s reported call at a recent meeting of alliance officials for a “war council” to look into what he called the looting of public assets during Mbeki’s rule.

Zuma’s proposal was accepted by representatives of the ANC, the SA Communist Party and Cosatu, but no time frame was agreed.

Mbeki’s fate was sealed when Judge Chris Nicholson last week accused him of subverting organs of state in order to pursue Zuma’s prosecution on corruption charges.

At Friday’s meeting, Nzimande, the general secretary of the SACP, accused Mbeki of abusing his power and of causing tensions within the ANC alliance.

Mbeki ally Joel Netshitenzhe pleaded with members to allow the president to finish his term or call for early elections. But even minister of arts and culture Pallo Jordan’s warning of dire consequences for the country fell on deaf ears, as did minister of social development Zola Skweyiya’s plea for cool heads.

Mbeki’s office confirmed his sacking in a terse statement: “Following the decision of the national executive committee of the African National Congress to recall President Thabo Mbeki, the president has obliged and will step down after all constitutional requirements have been met.”

Minister of foreign affairs Nkosazana Dlamini-Zuma will lead South Africa’s delegation to the UN this week.

The constitution requires the cabinet to appoint an acting president as soon as Mbeki quits.

The acting president, who should be a member of the cabinet, will manage the election of a replacement for Mbeki within 30 days of his resignation.

The constitution makes it easy for the ANC, which holds an overwhelming majority in parliament, to install Mbete as president for the remainder of Mbeki’s final five-year term.

It would then be her job to dissolve parliament and call a general election between April and July next year.

A senior parliamentary official said Mbeki’s resignation and the election of a new president could be achieved in a matter of days.

He said Mbeki would have to hand in his resignation to Mbete, as speaker.

ANC insiders said Zuma was trying late yesterday to persuade deputy president Phumzile Mlambo-Ngcuka to cancel her announced resignation.

If she refuses, ANC deputy president Kgalema Motlanthe is likely to be named deputy president.

Other veteran Mbeki supporters are fighting back.

Mluleki George, the deputy minister of defence, declined to confirm whether he and other Mbeki supporters, including Lekota and Gauteng premier Mbhazima Shilowa, were involved in an initiative to form a new party, but he said an announcement was imminent.

“I’m not in a position to discuss this thing at this stage, but in a few days or a week, you will hear the details,” he said.

Organisers behind the proposed new party said backers met in Gauteng recently and would meet again this week to decide whether to register the still-unnamed party for the 2009 election.

Nelson Mandela Foundation chairman Jakes Gerwel said Mandela had “noted the NEC’s decision”.

“He will return to South Africa on Monday, after which he will request a briefing on the matter,” he said.

Mbeki’s brother, Moeletsi Mbeki, a political analyst who is sharply critical of the outgoing president, slammed yesterday’s ANC move as a “recipe for civil war”.

“My view is that what the ANC national executive is doing or has done is setting a very dangerous precedent for South Africa, which could lead to the kind of civil war we saw in Kenya at the beginning of this year,” he said.

“In Kenya they imposed a head of state, which is what led to a civil war where 1600 people were killed in a couple of weeks and hundreds of thousands lost their homes.”

He said impeachment would have been the correct route to follow if the party believed Mbeki had done wrong.

Democratic Alliance leader Helen Zille labeled Mbeki’s ouster a “power grab”.

“This is the ‘political solution’ that Jacob Zuma and his followers have wanted for a long time. It’s all about revenge and settling political scores.

“It is now predictable that Jacob Zuma or one of his proxies will block the truth about Zuma from coming out at a court of law,” she said.

Former President FW de Klerk said: “All that I would like to say at the moment is that it is unfortunate that a sitting president should be forced from office before the end of his term.

“At this stage we should also give proper recognition to the many achievements of President Mbeki’s term in office.”

Human rights campaigner Zachie Achmat, who faced down Mbeki over HIV/Aids, said: “This is long overdue. Personally I would have liked to see him impeached for causing the deaths of many hundreds of thousands of people living with HIV; for the corruption of the arms deal; for the undermining of every independent state institution.”

United Democratic Movement leader Bantu Holomisa said the move would make it easier for Zuma’s backers to protect him from prosecution.

“Look at the destruction they have been doing, attacking the Constitutional Court, attacking everybody, so there’s no stopping of these cowboys,” he said.

Independent Democrats leader Patricia de Lille said South Africans needed stable leadership to confront “the enormous challenges we face, like crime, poverty and unemployment”.

An Mbeki ally said yesterday that “the reason they are moving so fast to remove him is that they believe he is entrenching his own people”.

Among those expected to quit are the minister of public service and administration, Geraldine Fraser-Moleketi; the minister of public works, Thoko Didiza; minister in the presidency Essop Pahad; minister of public enterprises Alec Erwin, who managed Eskom into the power crisis that hit in January; and Jabu Moleketi, the deputy minister of finance.

Thoraya Pandy, a spokesman for minister of finance Trevor Manuel, said: “The finance minister has not resigned and as far as I know he will not resign.”

Parliament’s foreign affairs portfolio committee chairman and senior ANC MP Job Sithole said Mbeki’s removal could have implications for the country’s diplomats abroad.

“There are diplomats who, when the president of the ANC visits abroad, want to have nothing to do with him.

“They pretend they do not know him. Either they will have to voluntarily go or they will have to be removed.

“It was their duty to service any senior politician of the country, be it a leader of the opposition or not,” he said.

In another move that could create further divisions within the ruling party, the NEC was yesterday set to disband the entire ANC provincial executive committee in North West.

Most of the delegates from the province supported Mbeki at the Polokwane conference last year. A task team, led by the ANC’s head of campaigns, Fikile Mbalula, found there was vote rigging at the April provincial conference.

Friends of Jacob Zuma Trust chairman Don Mkhwanazi welcomed Mbeki’s sacking.

“People around me have sprung into singing. I think whatever is done must be done in the best interest of the country.”

Durban businessman and Zuma backer Vivian Reddy said: “I think that the ANC has made a decision that will be positive for the organisation and members of the ANC. A Zuma presidency will be very good for the minorities in South Africa.”

 Additional reporting by Charles Molele

1.5 Allies will insist on having their say

Amy Musgrave, Political Correspondent, Business Day, 22 December 2008

WHILE the focus has been on the horse-trading in the African National Congress (ANC) over the recall of President Thabo Mbeki, the forces that provided party president Jacob Zuma with the political and organisational muscle to launch his comeback will be demanding a say on all levels of a reconfigured government.

Both the South African Communist Party (SACP) and the Congress of South African Trade Unions (Cosatu) want to have a presence on the ANC’s deployment committee — and the ruling party is likely to accede to their request to placate them in order to avoid drawing up an alliance electoral pact.

The leftist allies demanded a more substantial role in policy and in the deployment process, since they were marginalised under Mbeki. They made their support for Zuma conditional on a reconfigured alliance.

The SACP says in documents drawn up for discussion at its policy conference, starting on Thursday, that it will throw its weight behind the ANC’s election machine — but on certain conditions, including formal representation on the deployment committee, which decides on the candidates for elections.

Cosatu is holding a special central executive committee meeting today and tomorrow.

Patrick Craven, the federation’s spokesman, said yesterday that the central executive committee would discuss the damning judgment by Judge Chris Nicholson, who suggested that Mbeki and the cabinet had meddled in the National Prosecuting Authority’s investigation into Zuma’s alleged fraud and corruption linked to the arms deal.

Cosatu is expected to support the ANC’s stance on Mbeki as its Eastern Cape structure called last week for Mbeki’s resignation. Other regions are likely to follow suit.

Provincial Cosatu secretary Xola Pakati said that as a result of the judgment, Cosatu in Eastern Cape had resolved to influence its national structures to support Mbeki’s recall and call for early elections, or appoint a caretaker president in the event that early elections were not possible. This is a departure from its earlier stance that removing Mbeki so close to the end of his term would serve no real purpose.

Mbeki’s recall is a victory for the SACP, which made a formal proposal at the alliance summit in May that Mbeki either be recalled or a vote of no confidence in his leadership of SA be passed.

The SACP believed there was a leadership crisis in the country and its members had lost confidence in Mbeki’s ability.

SACP leaders who serve on the ANC national executive committee led the call for Mbeki’s axing and were the driving force behind lobbying those opposed to it. The SACP has also developed proposals on overhauling the state and reconfiguring the cabinet.

1.6 SACP has been vindicated, but now the real work starts

Blade Nzimande, Sunday Times, 21 September 2008

The Nicholson judgment points to fundamental changes needed in the criminal justice system and its institutions, especially the NPA, as well as those who oversee them, writes Blade Nzimande

The SACP, together with millions of other South Africans, is hugely relieved about the judgment by Judge Chris Nicholson on the application by the president of the ANC, Jacob Zuma, to have his case, once more, struck from the roll. This judgment also vindicates many of the things we have said before about the manner in which the National Prosecuting Authority has pursued Zuma for a period of eight years.

It vindicates us in our long-held view that the charging of Zuma is not a criminal but a political trial. It has greatly assisted us in outlining elements of this political trial and further confirms what has been our argument: that justice is indivisible — it does not only start when one has his or her “day in court”, but must be seen to be applied during the entire legal process.

Citing and endorsing an earlier court judgment, Judge Nicholson had the following to say on this matter: “What the learned judges were saying in that case was that the independence of the prosecuting authority is vital to the independence of the whole legal process. If one political faction or sectional interest gains a monopoly over its workings, the judiciary will cease to be independent and will become part of a political process of persecution of one particular targeted political enemy.”

This goes to the heart of the kind of rule of law we are struggling to build in our country. It is a devastating criticism of all those who have called for Zuma to have his “day in court” while conveniently and completely ignoring the manner in which the NPA has investigated him.

Put differently, what Judge Nicholson is basically saying is that unlawful behaviour by any component of the criminal justice system compromises the entire system, including the judiciary. In other words, justice is indivisible.

It was high time the judiciary expressed its strong displeasure at the antics of the NPA — not only to protect the NPA, but to project our entire criminal justice system.

In many ways, as others have also observed, this judgment is an important contribution towards rescuing the judiciary from being tainted by the behaviour of one component of the criminal justice system.

Not unexpectedly, some analysts, especially those who had clearly formulated an opinion that Zuma is already guilty, are now arguing that Zuma might have been vindicated but he has not been exonerated.

This is nothing other than an attempt — by the likes of Allister Sparks — to try to rescue their intellectual and moral integrity in the light of a judgment which clearly shows that Zuma, as we have consistently argued, can never, ever have a fair trial.

By so saying, these analysts also want to ensure — like Zapiro and his offensive showerhead — that a permanent cloud hangs over Zuma, irrespective of what the courts have said about his maltreatment.

There are many aspects to this judgment and it will inevitably be debated for a long time to come. Although debate is necessary and welcome, the SACP and the whole alliance must not fall into the trap of endless debates.

Instead, we should focus on both immediate and medium-term measures that must be taken in the wake of the judgment. In other words, we have to keep our eye on the ball if we are to provide the requisite leadership — not only to our own members, but to society as a whole.

It would be irresponsible for the leadership to simply gloat over the findings of the judge and lose sight of the actions that must be taken to defend the institutions of our criminal justice system.

It is going to be important to take swift action on all matters relating to the improper political interference in the operations of the NPA by senior political office bearers, and also set in motion the necessary processes to get to the bottom of all this.

A very strong message must be sent to the whole of society that at no stage, now or in the future, should we allow organs of state to be used for internal party-political machinations or to pursue narrow, factionalist agendas.

The Nicholson judgment has fundamental implications for the transformation and repositioning of our criminal justice system, especially the NPA, as well as the behaviour of those entrusted with political oversight over its various institutions, including the intelligence function.

This, among other things, means the review of the criminal justice system that is now under way has to be rethought in the light of this judgment. And if we are to restore the confidence of our people in the system, we need to ensure that such a review also involves the public as much as possible.

The SACP is also of the view that parliament must take urgent steps to call the NPA to account about the serious findings made by Judge Nicholson.

Most importantly, this must also be an opportunity for parliament to correct its serious lapse in the past of not decisively acting on the recommendations of the public protector in 2006.

All parliament did was to appoint an ad hoc committee which, strangely, only endorsed the report without following up on the specific recommendations contained therein.

For example, the public protector complained about the non-co-operation of the minister of justice and the national director of public prosecutions with his investigation, and the disdain with which they treated the public protector.

The SACP had called for action on this and, in hindsight, had parliament acted decisively and timeously in calling to order those responsible, we possibly would not be where we are today.

A public debate must also be launched, with parliament playing a leading role, to reflect on the strong views expressed by Judge Nicholson on the autonomy and manner of appointment of the national director of public prosecutions.

Much as we have fought for and shall continue to defend freedom of expression and media freedom, we all have a responsibility to create much more effective platforms to discuss the role of the media in the treatment of matters relating to the president of the ANC.

Most of the media have been deliberately blind to the many abuses of the NPA which the judgment has now sharply brought to the fore. This is indeed a serious indictment of the media, because most of them covered matters relating to Zuma from the premise that he was already guilty and that the onus was on him to prove himself innocent.

It is important that we continue to wage mass awareness campaigns around the behaviour of the institutions of our criminal justice system generally, because they are supposed to serve all South Africans, irrespective of their class, racial or gender location in society.

Our continued mass mobilisation has ensured that issues affecting the workers and the poor have found expression in public discourse.

Of course, elites have been extremely irritated by this, because for them the “barbarians” must always be kept outside the high gates of the palace.

But were it not for this mass mobilisation, Zuma would be history by now, followed by many other leaders and activists who are not part of the palace’s inner core.

Mass mobilisation and campaigning are also important in ensuring that we defeat palace politics and manoeuvres in our criminal justice system and beyond.

Such palace politics seek to turn the workers and the poor of our country into spectators, rather than actors and the leading motive forces for radical transformation in our country.

But it is important that, much as the persecution of Zuma has been the main entry point into all the above issues, the struggle on these fronts must be broadened and be part of the overall agenda for transformation as part of consolidating and deepening a radical national democratic revolution.

Nzimande is the general secretary of the South African Communist Party. This is an abridged version of an article that appeared in Umsebenzi, the mouthpiece of the SACP

1.7 What caused the ANC's about-turn?

Patrick Laurence, Sunday Independent, 21 September 2008

The sequence of events leading to Judge Chris Nicholson's finding invalidating the prosecution of Jacob Zuma, the ANC president, invokes a conundrum that cries out for resolution.

Scrutiny of ANC statements between mid-June and the end of August on the then still-pending prosecution of Zuma, and those of its fraternal formations, shows them to have been characterised by two interrelated dominant themes:

· belief that a political and not a judicial solution had to be found to the dilemma posed by Zuma's indictment on corruption charges; and

· disrespectful and even abusive verbal salvos against the judiciary, justices of the constitutional court not excepted.

· Attacks in the first category include an accusation by Blade Nzimande, the general secretary of the South African Communist Party, that the prosecution was orchestrated by Zuma's political adversaries and his condemnation of them for pusillanimously dressing their political offensive on Zuma in judicial garb.

Assaults in the second incorporate as the main exhibit the allegation by Gwede Mantashe, the ANC secretary-general, that the constitutional court was part of an informal "counter-revolutionary" alliance that planned to condition the public to the conviction of Zuma on corruption charges by finding against him on matters related to the main charge before the court at the time.

But, from the beginning of September, the ANC seems to have changed tack radically by loudly proclaiming its respect for the judiciary in general and the justices of the constitutional court in particular as the guardians of the constitution, the bill of rights enshrined in it, and the rule of law.

The pro-judicial orientation of the ANC appears to have gathered pace as the day of judgment, September 12, on Zuma's application for his prosecution to be declared invalid, approached.

In retrospect, two makers of the ANC's changed course stand out: an address by Zuma at the University of Johannesburg hardly more than 48 hours before Nicholson delivered his judgment and the publication on the day of judgment in ANC Today of a Letter from the President entitled "One of the pillars of peace, stability and order" and which reiterated Zuma's pro-judiciary remarks.

The conundrum posed by these events invites cogitation about whether the ANC got wind of Nicholson's judgment in advance and, feeling the need to align itself appropriately, presented itself as a propagator and protector of judicial independence and the rule of law.

To ponder the question is not to accuse Nicholson of leaking the judgment to the ANC. He is widely respected as a man of integrity and no adverse imputation is intended.

But, as journalists and politicians know only too well, even information that is marked "highly confidential" or "top secret" seems to seep out unofficially, particularly if it is committed to paper.

Bearing in mind that Pietermaritzburg lies in the heart of KwaZulu-Natal and that political sentiment in the province is strongly pro-Zuma, it is possible that Zuma sympathisers on the staff of the Pietermaritzburg high court might have seen parts of the judgment and informed the ANC of the contents.

It should be remembered that Nicholson had two assessors and that the final judgment was presumably typed and collated by professional typists. To put that on record is not to indulge in presumptive insinuation but, rather, to hypothesise how the information might have seeped past the nominally fail-safe precautions taken to keep it secret until judgment day.

Having unctuously expressed its re-discovered respect for the judiciary and the judicial process, the ANC has since sharply criticised the National Prosecuting Authority for its decision to appeal against Nicholson's judgment, seemingly forgetting that Zuma, himself, has appealed on more than one occasion against judgments that went against him.

Jessie Duarte, the ANC spokesperson, described the decision as "ill-considered" and observes that the NPA has not taken to heart the court's adverse findings on its conduct in relation to Zuma. Not to be outdone, Zet Luzipho, the provincial secretary of Cosatu in KwaZulu-Natal, describes the NPA decision as "a declaration of war on our people", a statement with martial connotations that is reminiscent of [Julius] Malema's declamation about "taking up arms and killing for Zuma".

The NPA statement announcing its decision makes it clear that it had considered the Nicholson judgment carefully and taken legal advice on it. That means it appraised the judgment cerebrally, concluding that it was questionable in terms of law and fact and deciding to challenge it as is its constitutional right.

It will defer a decision on whether to re-prosecute Zuma until after its appeal is heard.

After reading the Nicholson judgment, Anthea Jeffery, head of special research at the Institute of Race Relations, who has a doctorate in law, thinks Nicholson may have erred in concluding that the NPA was legally obliged to hear representations from Zuma before he was charged with corruption-related offences in December last year.

The clause in issue is section 179(5) of the 1996 constitution. It is complex and open to different interpretations, as legal argument before Nicholson on August 4 and 5 showed.

In these circumstances, Jeffery contends, legal principle requires an examination of the reason why the clause was introduced.

Jeffery notes that section 179(5) was introduced to ensure that provincial directors of public prosecutions comply with the policy directions of the national director of public prosecutions.

The clause empowers the national director to "intervene in the prosecuting process when policy directions are not complied with [and to] view a decision to prosecute or not prosecute" after consulting with the relevant provincial director of prosecutions and "taking representations" from the accused, the complainant and anyone else the national director considers to be relevant.

As there is no evidence of lack of compliance at the provincial level with national policy in the Zuma case, the clause does not apply, Jeffery argues.

Noting that Nicholson laid great stress on the legal principle of audi alteram partem (hear the other side), Jeffery observes that those accused of interfering in the affairs of the NPA, from President Thabo Mbeki downwards, were not accorded a hearing by Nicholson or given any opportunity to test the strength of the claims against them. Seen in that context, the NPA decision to appeal against Nicholson's judgment is amply justified.

· Patrick Laurence is an independent political analyst and a contributing editor to The Star

1.8 Mbeki: A Dream Destroyed

Rowan Philp, Sunday Times, 21 September 2008

Solitude and loneliness run like a vein through Thabo Mbeki’s life. Without his family near, the ANC becomes his home — and now that comfort, too, is gone

One can easily picture the scene: young Thabo Mbeki sits outside the rural Transkei store run by his mother, helping simple, illiterate folk by composing letters on their behalf. These peasants, unable to read or write, turn to the studious boy to help them communicate with their loved ones.

They are the husbands, mothers and children of those forced to travel to the cities to work on mines, in factories and in whites’ homes as domestic workers. Often their letters deal with adult issues such as betrayal, pain, poverty and death.

At this young age, the solitary Mbeki feels the burden of his people on his shoulders. Love, he realises, is not enough to fix the horrors of apartheid contained in these letters.

At his home near Idutywa in the Transkei, a young Mbeki lives, breathes and eats the ANC. He dreams of a future in which his people are free.

When it comes to struggle credentials, nobody comes with a more aristocratic lineage. His parents are two of the most famous names in anti-apartheid history. Father Govan, along with Nelson Mandela, Oliver Tambo and Walter Sisulu, is one of the giants of the ANC, fighting the Verwoerdian madness that, slowly and systematically, strips blacks of their humanity.

Mbeki’s mother, Epainette, is a sombre, serious-minded intellectual and activist. Like her husband, she is trained as a teacher. The children spend a lot of time with their other relatives as the struggle consumes their parents.

Mbeki’s father is around for only the first seven years of his life — a stern and distant presence who neither drinks nor smokes, who demands total dedication to study and total devotion to the ANC.

There are lots of books in the Mbeki household and very little time to play. The portraits in the living room are of Karl Marx and Mohandas Gandhi.

Like Govan and Epainette, the Mbeki children are always busy: doing homework, helping with domestic chores, taking care of their own washing and ironing and assisting in the shop. They each have a wooden box in which their possessions are stored; it has to be kept in meticulous condition. The notion of work, says Mark Gevisser in his definitive biography, Thabo Mbeki: A Dream Deferred, is a form of redemption; productivity the religion.

Govan Mbeki states: “I never really had time for the children. Not that I didn’t like them, not that I didn’t love them. But I was doing writing and reading, so I didn’t have time to be playing about with them.”

Later, when Govan goes to meet ANC members in exile in Lusaka in 1990, he is asked how he feels about seeing his son for the first time in 28 years: “Not much finer than seeing the others. You must remember that Thabo Mbeki is no longer my son. He is my comrade!”

Mbeki tries to join the ANC at age 10, but has to wait until he turns 14. Within two years, he is expelled for leading strike action at his school in Lovedale and is forced to complete his studies at home. He moves to Johannesburg to live with the Sisulu family and does a correspondence course in economics with London University.

When his father is arrested for sabotage and goes on trial with Mandela and others, Mbeki is ordered by the ANC to go into exile. He travels to London by way of Tanzania. In a rare show of public emotion, perhaps never to be seen again, he pleads for the life of his father before a United Nations delegation in London.

His father’s life is spared, but a series of other family tragedies will forge Mbeki’s talent for hiding intense grief behind cold detachment. In 1981, his son, Kwanda — whom he had fathered in a teenage tryst — vanishes while trying to get to him in exile. He is thought to have been murdered by apartheid security forces. A year later, Mbeki’s brother, Jama, is murdered by government agents in Lesotho. His cousin, Phindile Mfeti, disappears without a trace in 1987.

As a student at the University of Sussex in England, Mbeki develops a taste for Monty Python, briar pipes and Scotch, and hangs out at a local pub called the Star of Brunswick. As Gevisser recalls, Mbeki looks for a flat with two friends, but they have a hard time with racist landlords. It takes about 10 applications before they find one willing to accommodate them and set up digs in a rather grubby three-bedroom ground-floor flat.

The young revolutionary is good looking and debonair; he cuts a dashing figure to fellow students. It is about the only “normal” time in the youthful Mbeki’s life.

But he remains a pure instrument of the struggle. In 1970, he goes to the Soviet Union for military training. He moves to various Southern African countries, hustling allies and resources for the ANC, and eventually sets up an anti-apartheid radio broadcast in Lusaka. In 1974, he marries Zanele Dlamini. Not a single Mbeki clan member is in attendance. The Tambos, Oliver and Adelaide, stand in for his parents.

Over the course of the next 15 years — still largely based in Lusaka — he is deployed to every committee, council and delegation that one would need on one’s résumé to be president of the ANC.

While other exiles and released prisoners return directly to their homes in 1990, Mbeki does not feel the pull of his own roots in Transkei and does not visit the place of his birth.

Beating off rivals, Mbeki is hand-picked by Mandela after the April 1994 general election to be the first deputy president of the new government of national unity.

After the National Party withdraws from the government in June 1996, Mbeki becomes the sole deputy president. He moves into the top job in 1999.

Throughout Mbeki’s presidency, his mother continues to live in a modest rural home, without running water or proper sanitation, in the village of Ngcingwane. He rarely visits her. In 2004, she tells the Sunday Times that government officials once offered her accommodation in Cape Town, but she refused.

Mbeki retreats from other people and eventually reduces his circle of confidants to a tiny cabal headed by Essop Pahad — the best man at his wedding.

Famously, Mbeki becomes a nocturnal Internet surfer, increasingly suspicious of the West and his own allies. Like the helpful seven-year-old boy, he finds himself alone, once again, casting about for solutions to problems he feels no one else can handle.

Comedian Pieter-Dirk Uys remarks: “We have a government of the people, for the people and by the people, led by a president who doesn’t like people.”

In waving farewell to Mbeki from the political stage, South Africa may remember him the way Gevisser did on leaving after his first major interview: “Lost in his books and on the Internet, bathed until dawn in the flickering blue light of his computer screen, a bottle of Scotch and his rack of briars his only company.”

Seldom could a more tragic requiem be composed for the death of a political career. A dream destroyed.

1.9 Mbete tipped to be interim president

Political Bureau, Sunday Independent, 21 September 2008

There are striking similarities between the political careers of Baleka Mbete, the speaker of the national assembly, and Jacob Zuma, the man for whom she is almost certainly going to hold in trust the office of head of state.

At some point in their lives, the two were hit by massive scandals that threatened to sink their political careers. Zuma was investigated for involvement in criminal activity and faced the prospect of a lengthy trial, conviction and jail time. Zuma has, so far, survived.

In 1997, Mbete seemed ready to bid her political career farewell when it was revealed that she had acquired her driver's licence fraudulently. Mbete was one of the 44 people under investigation by Mpumalanga police for being in possession of a fraudulent driver's licence.

The scandal led to the establishment of the Moldenhauer Commission, which found that her licence was fraudulent and that Steve Mabona, the then Mpumalanga MEC for safety and security, had abused state resources to provide special treatment for Mbete.

Mbete grew up in the ANC. After going into exile in 1976 and living for most of the time in Tanzania, she has, over the years established herself as a strong activist and leader. She is also an accomplished writer and poet. After the unbanning of the ANC, she returned home and played a role in the re-establishment of the ANC Women's League, an organisation in which she served as secretary-general.

She was born in Durban on September 24 1949 and trained as a teacher. She has five children: three sons and two daughters.

In 1994 she was elected to parliament and played a key role in the drafting of the constitution. In 1995 she was appointed chairwoman of the ANC caucus in parliament. She became deputy speaker in 1996.

Mbete played a major role in the establishment of a new parliament that reflected the new democratic order. As a deputy to Frene Ginwala, she worked hard to change the image of parliament and to turn it into a people-friendly institution.

Mbete was promoted when Ginwala was redeployed by the ANC.

In her first days in office, Mbete raised eyebrows. Many questions were asked when she joined the group of ANC members that accompanied Tony Yengeni, the former ANC chief whip, to prison after he was convicted of misleading parliament on a discount he received from a bidder in the multibillion-rand arms deal.

She was also at the Pietermaritzburg high court to listen to Judge Chris Nicholson hand down the judgment that has precipitated the end of President Thabo Mbeki's reign as head of state.

Mbete was in the headlines two years ago when she chartered a private plane to Liberia to attend the inauguration as president of Ellen Johnson-Sirleaf.

The major difference between Zuma and Mbete is that, whereas Zuma has been charged twice, Mbete has never been prosecuted.

But for the next eight months, or even more, South Africans might have to get used to calling her Madame President.

1.10 I was just doing my job, says a surprised judge

Nathi Olifant, Star, 22 September 2008

He did not foresee political fallout of Zuma judgment

KwaZulu Natal Judge Chris Nicholson has been surprised by some of the far-reaching consequences of his September 12 ruling on the Jacob Zuma case.

While declining to comment on the judgment itself, Judge Nicholson spoke briefly about its aftermath during an interview with The Star on Friday.

This followed a function in Pietermaritzburg to honour KwaZulu Natal Judge President Vuka Tshabalala where Judge Nicholson was guest speaker.

The judge conceded he had not foreseen the profound political effects his judgment would have on South Africa's political landscape - leading to the ANC's "recalling" of President Thabo Mbeki from office on Saturday.

"No, no, not at all. I did not foresee the consequences of the judgment.

"This case is like any other I have presided over - I was just doing my job as a judge."

Judge Nicholson, who is fluent in isiZulu, said the case had been a huge political awakening for him.

It was "interesting", he noted, that a judge handing down a judgment that appeared to be "good" was described as a progressive judge.

"On the other hand, when a ruling was unfavourable, one is called an anti-revolutionary."

Asked if another judge would have made the same ruling he had, he answered "perhaps". He said he did what any other judge would have done.

Earlier, as guest speaker at the function, Judge Nicholson said: "Being a judge is not easy. There are always politicians trying to influence the judges and the National Prosecuting Authority (NPA), not in this case.

"As judges we only have one master, that's the constitution and we should not respect persons at the expense of the constitution."

In his September 12 ruling, Judge Nicholson upheld Zuma's complaints that he should have been consulted before the NPA decided to resurrect corruption charges against him in connection with the arms scandal that has dogged South Africa for the past decade.

He also ruled that there was reason to believe the decision to charge the ANC president was politically motivated, a point celebrated by the Zuma camp.

Asked about the NPA's decision to appeal against his ruling, Nicholson said this was not unusual - appeals were often expected following a judgment.

"Anyone has a right to appeal the judgment. If one is not pleased by the judgment, the only remedy is to go and appeal the judgment."

Judge Nicholson called on the public to respect the judiciary. "The judiciary should not fear or be intimidated by any regime."

He called on people to respect and adhere to the values of the constitution, which was "written with the blood of the people" who died for the country.

"To me, the constitution is a holy thing. If we stray from it, we would be doing injustice to all those who died, regardless of who they are.

"It's not a goddamn piece of paper, as it was referred to by President George Bush.

"I'm saying that even the younger judges coming through the ranks have to adhere to it and guarantee a society that is living by the values of non-racism, non-sexism, equality and fairness," Judge Nicholson said.

1.11 Mbeki’s reign over with a show of hands

Mbeki’s reign over with a show of hands Moipone Malefane, Wisani Wa Ka Ngobeni and Paddy Harper, Sunday Times, 21 September 2008

Almost all NWC members were keen to tell Mbeki that he had to go

Early yesterday morning ANC secretary-general Gwede Mantashe headed for Pretoria to break the news to president Thabo Mbeki: the party’s national executive committee had decided that he must step down.

The NEC had until 1am been debating the correctness and means of ousting the president of the republic.

The decision was the culmination of a week of high politics that had begun at the Pietermaritzburg High Court last Friday.

Judge Chris Nicholson was about halfway through his judgment scrapping Jacob Zuma’s prosecution when the penny dropped: the judge had bought Zuma’s conspiracy argument and was about to tear into Mbeki for using state resources to fight political battles.

SA Communist Party general secretary Blade Nzimande and his Cosatu counterpart Zwelinzima Vavi were the first in the public gallery to twig. They exchanged whispers and got busy on their cellphones. Outside, the celebrations were starting.

The strategising started with Nzimande, Vavi and ANC treasurer Mathews Phosa at the core of things. While ANC Youth League leader Julius Malema and his Young Communist League counterpart Buti Manamela made loud noises about removing Mbeki, the senior leaders set about strategising how the judgment would be used to achieve this.

That night ANC heavyweights attended parties hosted by businessmen Leo Chetty and Lawrence Mazibuko, both close to Zuma. Zuma attended neither and instead headed to Johannesburg, where his close confidants had gathered.

When the ANC national working committee (NWC) met on Monday, key Zuma backers — among them Tony Yengeni, Nzimande, Malema, Lindiwe Sisulu and Phosa — were at Mbeki’s throat, demanding that he be recalled and that parliament reconvene to swear in an acting president.

Once there was consensus, Mantashe asked for volunteers to deliver the news to Mbeki.

Almost everyone in the room put up a hand.

It was decided that the top six officials — Zuma, Kgalema Motlanthe, Mantashe, Thandi Modise, Phosa and Baleka Mbete — would go.

Buoyed by this decision, which was filtering through the ranks, Zuma’s backers across the alliance began to weigh in publicly, calling on Mbeki to step down or face public humiliation. A series of hasty meetings, official and unofficial, took place during the week.

In the days leading up to the NEC meeting this weekend, Malema and NIA boss Billy Masetlha convened a number of caucuses to discuss the strategy to remove Mbeki.

Malema made several phone calls to NEC members, lobbying them to support Mbeki’s axing.

On Thursday, former defence force chief General Siphiwe Nyanda, a member of the NEC, addressed other NEC members at a hotel near the OR Tambo International Airport as they were arriving for the crucial meeting.

On Tuesday, Joel Netshitenzhe, the head of policy in Mbeki’s office, went to ANC headquarters to argue why Mbeki had to be retained.

It is not clear who Netshitenzhe met during his visit to Luthuli House, but at the time Malema and his youth league officials were addressing a conference calling for Mbeki’s head.

When the SACP held its extended Politburo meeting on Thursday it was a foregone conclusion that Mbeki was leaving office.

The meeting resolved to take several proposals to the ANC, including the “unnecessary continuation of the Ginwala commission” (into the suspension of Scorpions boss Vusi Pikoli by Mbeki).

By Friday morning the die was cast. Zuma led the delegation that informed Mbeki of the NWC decision and that the NEC would be debating his future as an ANC “deployee” in government.

Back at Esselen Park afterwards, Zuma told the NEC that Mbeki had said he would abide by the organisation’s decision that he step down.

Mantashe then presented a report on the Nicholson judgment and the NWC report, and told members they should agree on how and when Mbeki should go.

One by one they stood up to present their views — and with few exceptions they wanted Mbeki to go. Arts and culture minister Pallo Jordan warned of the consequences for the ANC and the country, but others, like Tokyo Sexwale, Cyril Ramaphosa and Nzimande, were adamant that Mbeki should go.

Sexwale and Ramaphosa argued that Mbeki had hurt them and had abused state power to push them out of politics. Sexwale also suggested that Mbeki be hauled before a disciplinary committee. Nzimande echoed these sentiments, accusing Mbeki of causing tensions within the alliance.

Others called for the heads of deputy president Phumzile Mlambo-Ngcuka and other ministers.

Ever loyal, Netshitenzhe pleaded for Mbeki to be allowed to finish his term or to call for an early election, but this fell on deaf ears.

At about 1am Phosa wrapped up the discussions, saying: “We will send a delegation to inform him he must resign. If he does not we will pass a motion of no confidence.”

The debate was over. Mbeki was finished.

· Minister of Housing Lindiwe Sisulu said yesterday she did not attend the meeting of the ANC National Working Committee on Monday as alleged.

1.12 President who fell from grace

Brent Meersman, Weekender, 20 September 2008

We are far from understanding fully the rise and fall of a man whose blunders threaten to eclipse his feats

AS THE country starts to wave goodbye to President Thabo Mbeki (eagerly it would seem), are we as a nation any closer to understanding him? A spate of recent biographies are illuminating, but commentators have mostly turned upon him with a vengeance, obscuring any objective assessment of his legacy.

This could not have been more clearly demonstrated last week when, on the day of what should have been Mbeki’s greatest triumph — closing a deal between President Robert Mugabe and Morgan Tsvangirai — Jacob Zuma won his court battle and Mbeki came in for a blistering attack from Judge Chris Nicholson, opposition parties, the media and African National Congress (ANC) leaders. Zuma’s supporters even staged a mock funeral for Mbeki last week. How did he end up so ubiquitously unpopular?

Mbeki rose to the position of president without contesting a popular vote among the rank and file of the ANC.

The assassination of his archrival, Umkhonto weSizwe (MK) chief of staff Chris Hani, in 1993 removed the only major obstacle to Mbeki’s inexorable ascendancy.

After 15 years as the de facto commander-in-chief of the country, Mbeki was rejected by an overwhelming majority of his comrades in Polokwane last year. It was a devastating defeat for a tragic man who has had no purpose, or even personal ambition, beyond his dedication to the ANC.

To many in the ANC, his trouncing by Zuma was retribution. The MK veterans were especially active in co-ordinating the show of support for Zuma outside the Pietermaritzburg High Court last Friday.

Since Nelson Mandela, the relationship between South Africans and their president (whether they have met him in person or not) has been personal. Reading or writing about our president is cathartic. Attitude, rather than thoughtful examination of his policies, has been the locus of Mbeki’s biographers.

Ronald Suresh Roberts’s Fit To Govern is an intellectual hagiography posing as an exegesis of Mbeki’s philosophy. Written in close consultation with Mbeki and for about R1,4m solicited from the private sector by a minister in the Presidency, Roberts set out to demolish Mbeki’s critics, egregiously caricatured as anything from “academic rent-boys of imperialism” to one “noted jihadist of neoconservatism”.

Much of Roberts’s analysis is between quotation marks, amassed from diverse sources . His scattershot approach fails to offer a coherent and logical analysis of what forms Mbeki’s opinions.

He all but ignores the intellectual products of which Mbeki is chief architect — the New Partnership for Africa’s Development and his conception of an African Renaissance.

He does, however, raise important issues for debate which will be sharpened under a Zuma presidency: policy capture in the developing world by global financial interests; the hypocrisy of the so-called liberal establishment, who still refuse to face up to the nation’s ugly past and the ongoing need for revision of Africa’s colonial history.

An empathetic approach would have helped clarify how South Africans talk past one another from a lack of critical self-awareness around the way they see each other. Given our country’s past, it is unsurprising that debates over major challenges facing the country — economic disparity, health, education, foreign policy — are obfuscated by unconscious racism and racial hypersensitivity from both black and white.

No serious analysis should take a sitting politician at his word at all times. Roberts never examines to what extent Mbeki has lived up to his high-minded speeches. Mbeki’s words are often political acts. He is adept at shifting the debate from the issues to debates about debate.

Criticism of Mbeki is dismissed by Roberts as a function of an “old and largely unreconstructed media oligarchy bereft of electoral influence”. Mbeki’s recent humbling put paid to that untruth. Mbeki has been orphaned by the only constituency Roberts recognises as conferring legitimacy on his subject’s legacy. He too will, to use his own phrase, “need to heed the verdicts of the South African native electorate”.

Roberts’s grossest act of disinformation is his spurious argument that “Thabo Mbeki is not now, nor has ever been, an AIDS dissident”. Besides Mbeki having failed, with calculated neglect, to show leadership on the HIV/AIDS pandemic , if he is so grossly misrepresented by the media as Roberts argues, he has fuelled controversy rather than set the record straight.

Events have overtaken Roberts. As Mark Gevisser’s magisterial biography of Mbeki, A Dream Deferred, was poised for the presses, Mbeki couriered Gevisser an updated copy of the Castro Hlongwane document that expounds AIDS denialist and dissident positions, saying it accurately reflected his views.

Mbeki wanted it clear-cut in Gevisser’s text that he still questioned the link between HIV and AIDS and regretted withdrawing from the debate under pressure from the cabinet.

What remains murky are the reasons for Mbeki’s intransigence. He indulges in sophistry that doesn’t grasp scientific process. Science is a systematic explanation of the world as it is experienced, not a revelation of a philosophically incontestable reality.

Mbeki’s “intellect is marked by perpetual questioning: he advances not through enthusiastic exclamation points or staccato full stops but along a line of question marks”.

Gevisser’s description is also the method he employs, often concluding with a series of speculative questions, notably when touching sensitive issues that might offend his subject. But he sincerely attempts to understand Mbeki’s arcane positions.

Mbeki emerges from Gevisser’s psychological biography as highly functional, but callously detached. Govan Mbeki was of the same ilk and during his 25-year incarceration, Thabo didn’t write to him.

When the death sentence hung over his father, although mounting a march to 10 Downing Street to highlight his plight, Mbeki stated coolly that the “revolution produces new leaders all the time”.

Mbeki’s brother, Jama, was murdered, but Mbeki has not prosecuted the matter for

political reasons. Jama’s widow sadly observes: “In the Mbeki family there is no (such) family value. They believe in politics (more) than real life.”

Perhaps the most moving accounts are about his only child Kwanda, conceived when Mbeki was 16, which came to light in testimony given by the mother, Olive Mpahlwa, at the Truth and Reconciliation Commission . Kwanda disappeared in 1981 and evidence suggests a violent death.

Although Gevisser achieves a judicious balance, he is susceptible to occasional sycophancy. Mbeki’s appointment of the Hefer Commission to investigate a spy allegation made by struggle veteran Mac Maharaj was simply “a public drama”, “calculated precisely” (its terms were altered three times) to humiliate his challengers. Hardly “a stroke of genius”, and Gevisser fails to realise Mbeki undermined the judicial process, abused his executive power, and fuelled perceptions of him as vindictive.

Conspiracy theories stalk our politics. Mbeki’s unprovable accusations of plots against him

and his interference in constitutionally independent structures, such as the National Prosecuting Authority, mean that widespread belief in these conspiracies is not altogether irrational . He has imperilled the rule of law.

William Mervin Gumede’s book, Thabo Mbeki and the Battle for the Soul of the ANC, gleefully enters the fray in the style of a hard-bitten journalist. It is informative and fluent, if somewhat inelegantly cobbled together.

Gumede’s thesis is that Mbeki and a small group of technocrat centrists imposed undemocratically upon the ANC an economic policy that embraced the Washington consensus foreign orthodox global capitalism, a shift to the right which split the ANC. Recent events bear out his analysis.

How the biographers differ in their approach is illustrated by their take on Mbeki’s controversial “quiet diplomacy” towards Zimbabwe. In defending Mbeki, Roberts cries hypocrisy: those who opposed sanctions on the apartheid government call for them against Zimbabwe; many howling for regime change by force in Zimbabwe are against such measures taken in Iraq.

Gevisser uncovered Mbeki’s close working relationship in the 1980s with Emmerson Mnangagwa, the leader of the notorious Fifth Brigade and perpetrator of the ethnic massacre (who also presided over the torture and detention of MK operatives in southern Zimbabwe).

When Mugabe triumphed, Mbeki was quick to support him, astounding his ANC comrades

who favoured Joshua Nkomo.

Gevisser’s reductionism lamely places Mugabe as a father figure to Mbeki, a wayward one whom he is unable to confront expeditiously. Mugabe outmanoeuvred Mbeki at every turn, possibly even, as time may tell, in the recent agreement.

Gumede puts it all down to petty Africanist politics and incompetence.

He lambastes Mbeki for having “squandered countless opportunities to make a difference in Zimbabwe”, and his policy is a “gross betrayal of blacks in Zimbabwe and everything that the liberation movement fought for”.

Perhaps the greatest danger to Mbeki’s reputation will arise from the corruption surrounding the arms deal.

It was Mbeki who championed it; closed down the parliamentary investigation; bullied the parliamentary caucus into kowtowing to the executive; and who now stands accused of selective justice and is himself implicated in impropriety. At a crucial moment in establishing our fledgling democracy, Mbeki sent all the wrong signals.

Mbeki’s departure has ramifications well beyond the borders of SA. On his legacy, the jury will be out for some time still, his successes at present obscured by his monumental blunders.

1.13 Why Mbeki was fired

Moffet Mofokeng, Caiphus Kgosana and Sabelo Ndlangisa, City Press, 21 September 2008

DEPUTY President Phumzile Mlambo-Ngcuka is set to lead an exodus of cabinet ministers who are unhappy with the ANC national executive committee (NEC) decision to axe President Thabo Mbeki.

Despite this, ANC president Jacob Zuma is expected to reassure ANC deployees in government that the party wants them to remain in their positions.

This comes after the decision of the all-powerful ANC NEC to sack Mbeki following Judge Chris Nicholson’s ruling that suggested that Mbeki, or some in his executive, might have interfered with the National Prosecuting Authority’s decision to charge Zuma.

Although it is generally accepted that Nicholson’s ruling has impugned the integrity of cabinet, it is the decision of cabinet and the NPA to appeal the judge’s ruling that forced the ANC to fire Mbeki.

ANC secretary-general Gwede Mantashe said the Nicholson judgment had provided the ANC with the opportunity to put an end to Zuma’s legal woes.

“The biggest worry for us is the question of the reversal of the possible closure of that chapter,” Mantashe said.

“That case, in our view, is not in the public or national interest. If the case is pursued, it will continue to be a point of division in the ANC. That’s the main issue,” he said.

City Press can reveal that Mlambo-Ngcuka has told her colleagues in cabinet and some top officials in the presidency that she will resign the moment Mbeki hands over his resignation letter.

“Mlambo-Ngcuka has always been the embodiment of this conspiracy against Zuma. After all, she is Bulelani’s (the former NPA boss) wife. She has been under siege from the day she took over as deputy president. Half the ministers are going to follow her,” a senior official in the presidency said.

Some of the ministers who are expected to quit when Mbeki resigns are his right-hand man, Essop Pahad, Public Works Minister Thoko Didiza, her colleague at public enterprises, Alec Erwin, Health Minister Manto Tshabalala-Msimang and Communications Minister Ivy Matsepe-Casaburri.

Finance Minister Trevor Manuel has already indicated that he will stay on despite earlier rumours that he would follow Mbeki.

Mlambo-Ngcuka, who was appointed Mbeki’s deputy after Zuma’s axeing in 2005, has in the past wanted to resign because of the hostility she endured from Zuma’s supporters but Mbeki urged her to stay on.

At the heated NEC meeting in Kempton Park this weekend, a number of ministers – among them Education Minister Naledi Pandor and Foreign Minister Nkosazana Dlamini-Zuma – and Mbeki’s policy guru, Joel Netshitenzhe, argued for Mbeki to be allowed to serve out his term in vain.

“Trevor (Manuel) never said a word. Nkosazana (Dlamini-Zuma) was very incoherent. Zola Skweyiya said that it was very painful for him. He said: ‘I have known this man for too long. It is painful’,” another NEC member reported.

On the other hand, Transport Minister Jeff Radebe, Housing Minister Lindiwe Sisulu, businessman Tokyo Sexwale, SACP boss Blade Nzimande and ANC Youth League president Julius Malema successfully argued for Mbeki’s removal from office.

Malema, according to some NEC members, went as far as to threaten to mobilise the youth if the ANC NEC failed to fire Mbeki.

Another source said Sexwale told the meeting: “We can’t live another day with this man.”

Zuma, who met Mbeki on Friday, told the meeting that Mbeki should be allowed fly to the United Nations to represent the country and only resign on his return.

Mluleki George, one of Mbeki’s staunchest and fiercest lobbyist pre-Polokwane, said he would only comment about his move once he had the opportunity to apply his mind to the ANC NEC decision.

Pahad has indicated that he will resign in sympathy with Mbeki.

He said though he had not discussed it with Mbeki, he had personally decided to go if the president was asked to leave office.

“I was appointed by him and therefore if he resigns I shall also resign,” he said.

“I don’t think it has been correct. I think much later they will recognise his great legacy, there’s no doubt about that. He has been a great leader of the ANC and a great leader of this country. Even if some people don’t recognise it now, they will certainly recognise it in time to come.”

Defence Minister Mosiuoa Lekota and Trade and Industry Minister Mandisi Mpahlwa refused to comment on whether they would remain in office or not.

Mluleki George, Lekota’s deputy and the face of Mbeki’s campaign in the run-up to Polokwane, asked for more time.

He said: “You are going to hear before the end of the week.”

Ronnie Mamoepa, spokesperson for Dlamini-Zuma, said he could not comment on the matter as the minister had not discussed her future plans with him.

Intelligence Minister Ronnie Kasrils’ spokesperson, Lorna Daniels, said she was unable to reach the minister for comment.

Parliament is expected to convene a sitting on Tuesday, when Mbeki is due to table his resignation. He did not display shock or depression this weekend. He welcomed the news and said he would participate in the process and the formalities

1.14 Has ANC botched Mbeki ouster?

Troye Lund, Fin4, 21 September 2008

The fortunes of the rand following the shock recall of Thabo Mbeki on Saturday will be determined by the outgoing president's statement on Sunday evening, say economists. They'll also be keeping an eye on how Mbeki is ejected and whether he tenders his voluntary resignation.

Certainly, the speed with which Mbeki's enemies moved, and the suspicion it was to protect Jacob Zuma from further legal woes, has been unsettling for investors, economists say.

But, this is balanced by the fact that Mbeki's position has been imperilled since the African National Congress's (ANC's) conference in Polokwane in December.

The ruling party is also likely to be given the benefit of the doubt following finance minister Trevor Manuel's indication that he will be staying on until a new general election.

Sources in the ANC's National Executive Committee also believe Manuel will stay on after next year's election - quite likely a Jacob Zuma cabinet - which will also lessen anxiety over the weekend's developments. That's because investors watch the new government's policy moves rather than the politics around them.

But, it may not be a case of Mbeki tendering his resignation and going quietly. The options for getting rid of a sitting state president come with different ramifications, says FW de Klerk Foundation's Paul Hoffman.

Mbeki said that he would step down "once all the constitutional requirements" had been met. This appears to suggest that he believes the ANC National Executive Committee has no authority to fire him because they did not hire him. It was parliament that appointed Mbeki; therefore, only parliament can unseat him.

According to the constitution there are three ways of getting rid of a state president: through the dissolution of parliament; impeachment by the national assembly (known as clause 89); or it can oust him through a motion of no confidence (section 102/2).

The impeachment option requires a two-thirds majority in the national assembly, a dominance the ANC currently enjoys. But impeachment also requires proof of serious misconduct or violation of the constitution.

It also requires a two-thirds majority support among MPs in parliament. So while ANC has a two-thirds majority in the national assembly, it's unclear if all MPs would indeed vote against Mbeki.

Furthermore, this option would mean Mbeki would lose all pension benefits and would not be allowed to hold public office again.

Impeachment would mean that the cabinet stays on and a caretaker president would be elected from MPs. But this caretaker could not be Zuma because he is not a member of parliament.

The motion of no-confidence vote requires a simple majority (50% plus 1) in parliament. Again, it is unclear whether all ANC MPs would oblige and vote against Mbeki.

A motion of no-confidence would also mean the entire cabinet, deputy ministers included, would have to go with Mbeki. This is what would not bode well for the civil service and could cause concern in the market and, therefore, impact negatively on the currency.

Hoffman does not believe the ANC thought through the options clearly and now find themselves in a potentially tricky position.

"From a business point-of-view, the reaction is going to be very different if the entire cabinet is fired compared to a move that just gets rid of the president and replaces him with a caretaker.

"If Mbeki has done his homework, he would have worked out how much support he has in the national assembly. Most of those MPs owe patronage to him," says Hoffman who does, however, concede that politicians have short memories and have a penchant for expediency.

Mbeki is expected to make his next move clear this evening after a special cabinet meeting.

1.15 ANC may have broken own rules

Ntsiki Sandi, Daily Dispatch, 22 September 2008

NEITHER the ANC nor the Constitution of South Africa makes provision for a so- called process to “recall” the president of the country.

In terms of our Constitution, the head of state, although he is elected from among members of Parliament, is not an MP .

Secondly, although he has been deployed by his party, he is the president of the country.

For the purpose of becoming State president, one first becomes an MP only for a few minutes. On being proposed and elected by the House, one ceases to be an MP.

Political parties are classified in law as voluntary associations and the law gives them freedom to handle their affairs as they please.

This includes dealing with their members in whatever way they wish. But the process of recalling a member must be distinguished from the process whereby a member is being punished for allegedly committing a wrong.

In the case of President Mbeki, it is the punitive motivation that is disturbing to many people, in particular the manner in which the whole affair has been handled after the controversial decision of Judge Chris Nicholson.

The bully-boy tactics that have been applied in this case hold grim prospects for the future of democracy within the ANC.

While the law allows voluntary associations to conduct their affairs as they wish, when punitive steps are to be taken against a member, the law expects that the constitution of the association will be followed .

Failure to follow the constitution of the organisation may attract legal action by the affected member, to have the entire process declared null and void.

Those who have called for the removal of the president have been induced to do so by the finding that he and some of his Cabinet members may have connived with the National Prosecuting Authority (NPA) to frustrate Jacob Zuma in his ambition to become the head of state. The allegation is untested because no witnesses were cross- examined to prove its veracity on a preponderance of probabilities.

Mbeki and his Cabinet emphatically deny the allegation and are supported by the current acting head of the NPA.

Judge Nicholson did not say there was direct evidence of political interference and manipulation of the prosecution authorities. He accepted that there was no direct evidence to this effect and arrived at conclusions by “inferential reasoning” – which is usually applied with caution.

Also, we do not know what the appeal court may say about the findings Judge Nicholson has made. W hat if the appeal court rules that the findings of Judge Nicholson were unwarranted and should not have been made in the circumstances?

This would be an academic victory for President Mbeki , because the organisation has already acted on the finding and forced him to resign.

Whatever be the case, those who initiated the forced resignation of President Mbeki are contradicting themselves.

They say he should not have removed Zuma as his deputy- president in 2005 because he was “not the accused” in court. They say President Mbeki should have waited for the man to have his day in court. Whether or not President Mbeki was correct to “release” Zuma , the circumstances are very similar.

It is also clear that there would have been a national outcry if President Mbeki did not act as he did in 2005.

It is extremely unfair and, in fact, unlawful to act against him on the basis of the judge’s ruling without knowing his version .

It is also important to remember that President Mbeki as an ANC member has no fewer rights than other members of the ANC. In terms of the ANC code he is entitled to be presumed innocent until proved guilty and to be dealt with fairly.

To remove him at this stage effectively invalidates any criticism that was made regarding his decision to remove Zuma .

The “recalling” of President Mbeki appears to be a breach of the ANC constitution and its code. It is premature and may be based on other considerations.

I am sure before the decision was taken there must have been a very fierce debate in the national executive committee (NEC), because there are many cool-headed people up there. Rule 25 of the ANC code requires that before a punitive step is taken against a member, there should be a prima facie allegation of wrongdoing, followed by an investigation, a formal charge of the member and a formal hearing .

That is why Mbulelo Goniwe was successful when he challenged his conviction and expulsion from the ANC in 2006.

You cannot publicly convict a person in his absence and then convene a meeting, an imitation of a hearing, again in his absence, to announce the reason for the sanction. Later, you go and tell the convict that he has been convicted and sentenced in his absence. You are not even asking this person to give you his own side of the story. Such a process is a farce.

Section 89 of the Constitution of South Africa gives three grounds as “the only grounds” on the basis of which the head of state may be removed: a serious violation of the Constitution or the law; serious misconduct; or inability to perform the functions of the office. If there is evidence of one of these grounds then the National Assembly could take a resolution by a at least two thirds majority to remove the president.

It is not sufficient to have a two- thirds majority, there must be evidence of one of these grounds.

The founding fathers of the Constitution, in the interests of stability, deliberately made it difficult to have the head of state removed on a whim of others.

At this stage all the evidence and information available simply does not suggest that the Section 89 criteria have been met.

This is a very unfortunate situation for our dream, for which many have died. Perhaps in 1994 I made a mistake and thought we are different to our African brothers up there in the north.

This is a brutal awakening call that we are just another African state, with all the prejudices and the tendencies that have reduced Africa to ashes.

* Ntsiki Sandi is a former Member of the Amnesty Committee of the Truth and Reconciliation Commission practising as an advocate of the High Court in Grahamstown and an ANC provincial disciplinary committee member. In 2007 he successfully represented the former chief whip, Mbulelo Goniwe, whose expulsion from the ANC was set aside by the NEC. He writes in his personal capacity.

2 Workers’ issues

2.1 Bara staff protest over ‘fired’ boss

Kingdom Mabuza, Sowetan, 22 September 2008

On Friday staff at the Chris Hani Baragwanath Hospital embarked on a two-hour protest against the redeployment of hospital chief executive Arthur Manning.

They said Manning, who was removed from the hospital on September 10 and ordered to report to head office, was a champion for transformation.

The protesters – under the banner of Nehawu – sacrificed their lunch break to make their demands known.

“We demand the reinstatement of Manning. The reasons for his redeployment led us to conclude that the department of health does not want transformation,” Lorma Nkete of Nehawu said .

She said staff members were unhappy because they were not consulted.

Manning’s redeployment came after the hospital was exposed for keeping newborn babies in cardboard boxes and an outbreak of an infection that killed five babies.

2.2 Deal for Pick n Pay staff

Daily Dispatch, 22 September 2008

PICK ’n Pay and labour union Saccawu have reached a two-year remuneration deal, the retailer said last week.

Staff would receive an across-the-board increase of R410 in year one, and R415 in year two. A ll variable-time employees would work for a minimum guaranteed 85 hours per month, with the 60 hours per month category falling away.

The first year’s wage increase would be backdated to March 1. — Sapa

2.3 Woolworths workers continue to strike

Mishkah Anthony, Bush Radio, 21 September 2008

Due to failure of any response from Woolworths, the National Woolworths Strike at a meeting on Friday 19 September have decided to extend the notice of strike and served the notice to the company.

This means that if workers decide to continue with the strike from Monday it will continue to be a legal protected strike.

SACCAWU media liaison Mike Abrahams says, the workers remain committed to their demands and they are willing to struggle for the realisation of it.

General meetings will be held throughout the country today where a renewed mandate will be obtained from striking workers to decide on a way forward.

Despite many attempts by the company to frustrate, and intimidate striking workers more than 65% of Woolworths stores are affected by the strike.

Tony Ehrenreich Provincial Secretary for Cosatu in the Western Cape says Woolworths has the most casual workers who work under the most exploitive conditions and society cannot be complicit in this exploitation by supporting Woolworths.

2.4 Union mulls extending Woolies strike

IOL, 20 September 2008

The SA Commercial, Catering and Allied Workers' Union said on Saturday it was considering extending its strike at Woolworths into next week.

Saccawu spokesperson Mike Abrahams said the union had decided at a meeting on Friday to extend notice of strike and served the notice on the company.

"This means that if workers decide to continue with the strike from Monday it will continue to be a legal protected strike."

He said general meetings would be held throughout the country on Sunday to obtain a renewed mandate from striking workers on the way forward.

The meetings would also consider extending solidarity actions and activities beyond the Woolworths including solidarity strikes, alliance solidarity action, mass national protests, international solidarity and consumer boycotts.

Abrahams said 65 percent of Woolworths stores were affected by the strike.

He said the union was still awaiting a response to its demands from Woolworths.

An interdict had been obtained against workers hoping to picket at the Waterfront in Cape Town and the Pavilion in Durban.

Earlier in the week, Woolworths said it was business as usual despite the strike.

On Thursday, chief operating officer at Woolworths, Zyda Rylands said: "There have been minimal disruptions and trading is normal".

She said it was a minority of staff that had been encouraged to protest for organisation rights.

Woolworths and the union entered into a settlement agreement in 2005 relating to a joint verification process which the union did not comply with, she added.

"At the last verification process in November 2007 union representivity was confirmed at less than 15 percent."

Saccawu began a week-long strike at Woolworths on Wednesday.

It has demanded that Woolworths recognise it as being a sufficiently representative union body.

Saccawu has also demanded an end to unilaterally determined increases. – Sapa

2.5 Bus strike strands thousands

Carvin Goldstone, Independent on Saturday, 20 September 2008

Employees of Durban's Remant Alton bus service went on a sudden, wild-cat strike on afternoon stranding thousands of commuters in the rain across the city after an article in the council's own publication, Metro eZasegagasini, said the council's buy-back deal could leave them without jobs.

Deputy city manager Derek Naidoo wrote in the article, Bus deal: The facts … : "The current process involved the take-over of the ownership of the Durban Transport buses, not the take-over of the staff of Remant Alton."

Employees said they had engaged in the unannounced strike action based on the article - which virtually told hundreds of Remant Alton employees they would be out of a job as a result of the takeover.

It was unclear at the time of going to press whether the strike would continue.

According to Naidoo, the Remant Alton contract expires at the end of September 2010 and that a transaction adviser will arrange splitting the service into smaller operations.

2.6 Cosatu to probe burning of employee

Sharika Regchand, Mercury, 19 September 2008

Cosatu has assured a Zimbabwean who was allegedly set alight by his employers in Pietermaritzburg that the labour federation will investigate the incident.

KZN provincial secretary Zet Luzipo visited the severely burnt Ian Madzogo in hospital and condemned the "criminal behaviour" of his employers.

Madzogo was allegedly doused with a flammable substance last Monday and set alight with a candle by his two employers, who own a transport company in Willowton, Pietermaritzburg, after he refused to admit to stealing diesel.

Madzogo began working for the company as a mechanic last year.

Recalling his ordeal to Luzipo and other Cosatu officials, Madzogo, who suffered burns to 60 percent of his body, said his employers had insisted that he had stolen diesel and wanted him to confess.

When he refused, they threatened to shoot him. They had then decided to torture him instead, he said.

Another employee was ordered to tie his hands and legs. His trousers were pulled down and he was tormented.

"They held a candle next to my private parts and threatened to burn me," he said.

The brothers had then doused him with paint thinner and had demanded he confess to stealing diesel, or they would set him alight, he said.

He had refused and the brothers had set him alight with the candle.

On fire, he had managed to free himself and had run to a shower.

He said the brothers had told him they would only take him to hospital if he promised not to reveal that they had set him alight.

He was taken to a private hospital, with the brothers promising to pay the bill.

However, they failed to do so and he was transferred to a public hospital.

Madzogo said the brothers had visited him in hospital on hearing that the police had questioned him and had told him: "Don't make the story big."

Madzogo said his wife, who was in Zimbabwe, was expecting their first child and he had not told her about his ordeal because he did not want her to be concerned.

Madzogo said it was the first time his bosses had treated him badly or had harmed him, but he was now terrified that they might have him killed.

Luzipo said they would try to help him and would get the labour department involved in the matter.

The Cosatu delegation visited the Mountain Rise police station to inquire about the investigation and were told that police were waiting for statements to be taken before investigations were completed.

Police Superintendent Henry Budhram said that an attempted murder docket had been opened.

2.7 A silent tsunami hits the poor

Edwin Naidu, Sunday Independent, 21 September 2008

Hunger is the silent "tsunami" strangling South Africa's poor, who spend more than 30 percent of their monthly income on food, the price of which, according to a recent government study, has outstripped inflation.

The report warned that hunger was challenging the efforts of governments throughout Southern Africa in fighting food security. Given that South Africa's poor spend a third of their income on food, the report said increases in food prices would have a profound impact on how such households maintain food-price security.

The latest quarterly food-price monitor released by the department of agriculture's national agricultural marketing council said rising food prices continue to threaten the household food security of the poor in South Africa.

The year-on-year (July 2007 to July 2008) increase in the consumer price index for food (CPI-Food) was 17,8 percent. This is the highest rate of food inflation experienced in the country since January 2003.

The report shows that despite calls from civil society and consumer groups on government to intervene to prevent spiralling prices from making food unaffordable for the poor, people in rural areas were most affected.

The food products whose prices increased by more than the target inflation rate of 6 percent, set by the South African Reserve Bank between July 2007 and July 2008, included increases in brown and white bread prices by 38,31 percent and 39,59 percent, respectively, year on year.

Although prices went up in urban areas, it had increased much more in rural areas and towns. Maize meal (12,5kg) went up by 14 percent in rural areas while 2 litres of milk soared by 30 percent. The report said in rural areas maize-meal product prices increased on average by 14,47 percent. Given that maize meal is considered a staple food for the poor, and that most of them live in rural areas, this trend should be of concern and be investigated further.

The rate of increase for most wheat products appears to be accelerating. The averaged price for sunflower oil increased by 99,15 percent, dairy by 17,9 percent, fresh meat by 14,67 percent, processed meat by 13,15 percent, while the prices of the main vegetables showed a year-on-year increase of 16,42 percent. On average, consumers in rural areas paid R1,04 more than consumers in urban areas for selected products monitored by the council.

The soaring food prices saw strikes throughout the country in August organised by Cosatu.

Andrew Jooste, a senior researcher with the marketing council, said that although the economy was expected to grow at a slightly higher pace in the period under review than was anticipated at the beginning of the year, economic growth was likely to remain under pressure. "Consumers are also expected to remain under pressure due to the high interest rates, high fuel costs and high food prices," he said.

Jooste added that these factors would have a dampening effect on the retail and wholesale sectors, the services sector, as well as the demand for higher value food products.

He said livestock producers were still under pressure because higher production costs could not be passed on to consumers through higher prices to retailers because consumers' disposable income was experiencing heavy stress.

The problems in the US economy and potential resurgence in the Chinese economy would add to the uncertain outlook in South Africa at least until November. "Other key uncertainties are early rainfall conditions and the relative shift of input prices versus output prices that will influence what happens," he said.

Last month Tito Mboweni, the governor of the Reserve Bank, said the outlook for inflation remained uncertain. "Food and oil price increases continue to cloud the inflation outlook, but there are tentative signs that these pressures may be moderating. Domestic consumption expenditure also remains subdued. Electricity price increases are set to have an impact on inflation going forward, and there is evidence that underlying inflation has maintained some of its upward momentum. Conflicting pressures are being felt from the global economy, which is experiencing slower growth and higher inflation," he said.

Mboweni said that, although there were signs that the economy was responding to the less accommodating monetary policy stance, the monetary policy committee had to assess whether recent monetary policy actions are sufficient to bring inflation back to within the inflation target range over the medium term.

He said recent developments in inflation showed that CPIX (consumer price index excluding mortgages) inflation increased at a year-on-year rate of 11,6 percent in June 2008 compared to 10,9 percent in May, food-price inflation accelerated from 16,9 percent in May to 18,2 percent in June, mainly as a result of significant increases in the prices of grain products as well as fats and oils. Petrol prices increased by almost 36 percent in June and, together with food prices, accounted for about 56 percent of the increase in CPIX. But if food and petrol were excluded, CPIX inflation would have measured 6,3 percent.

Mboweni said the risks to inflation posed by food-price developments remain. Grain product prices in particular appear to have gained some momentum at both the producer price and consumer price levels. As noted earlier, however, manufactured food producer price inflation remains high, but agricultural food inflation has declined to low levels, indicating the possibility of some price relief in the future.

Dr XP Guma, the deputy governor of the Reserve Bank, told an economics conference in Johannesburg last week that the country found itself in a period of considerable uncertainty: financial turbulence in the major industrialised economies has resulted in international uncertainty, with a variety of factors impacting on the short-term indicators of domestic economic performance.

"What is clear is that prolonged financial-market turmoil in the major industrialised economies of the world would impact adversely on economic and financial stability generally, making prospects for a resumption of robust and sustained economic growth in South Africa more uncertain."

2.8 Skills shortage not to blame for slow transformation, says minister

Wiseman Khuzwayo, Business Report, 21 September 2008

The low proportion of black people in top and senior management positions was not the result of a skills shortage, labour minister Membathisi Mdladlana said this week.

The minister spoke after he was presented with the 2007/08 annual report of the Commission for Employment Equity (CEE) on Tuesday.

"Nobody will deny that there is a skills shortage in this country, but it should not be used as an excuse for not employing people."

Mdladlana said the majority of unemployed people had a primary or secondary school education, adding that affirmative action sought to create a more diverse and representative workplace.

"Why are we being blamed for taking the reconciliation route? For asking everybody to put their hands on the wheel?" he asked.

The minister said the sooner employers complied with the Employment Equity Act, the sooner the legislation would become redundant.

The commission found that black people comprised 28.8 percent of all employees at top management level. Black females represented 8 percent and black males 20.8 percent.

White people represented 68.2 percent of all employees at this level, with white males accounting for 58.4 percent and white females 9.8 percent.

It said this black representation at the top management level was about a third of their economically active population (EAP), which was 87.9 percent.

"White representation at this level, on the other hand, is about five-and-a-half times their EAP, which is 12.1 percent. The representation of females is less than half of their EAP, which is 45.8 percent. White female representation at this level is nearly two times their EAP and white males are eight times their EAP.

"At approximately five times away from their EAP (74.8 percent), proportionally Africans are the least represented at this level," said the report.

At the senior management level, it said black people represented 32.4 percent of all employees, while white people represented 65.2 percent.

Black females represented 9.7 percent of senior managers, while black males came in at 22.7 percent. White females accounted for 15.2 percent and white males 50 percent.

The report said the CEE's calculations suggested that black representation in all senior management positions increased by 5.1 percentage points between 2003 and last year - from 27.3 percent to 32.4 percent.

African representation rose by 3.9 percentage points, from 14.2 percent to 18.1 percent.

CEE chairman Jimmy Manyi, who is the president of the Black Management Forum, said: "Institutional racism continues to reign supreme. The actual data we are getting from the companies is telling us that the people who are benefiting from recruitment and promotions in the majority are white.

"One wonders how long we are going to have affirmative action because we are clearly not making a dent in terms of where we should be going."

The report said a review of 26 JSE-listed companies to assess compliance with the legislation had observed that none of them were fully complying with the legislation.

"All of these companies … submitted reports … without consulting with their employees, conducting an analysis of their workplaces [or] preparing and implementing an employment equity plan with annual objectives.

"It had become clear that all 26 employers were in breach of the law," said the report.

A press release announcing the report's launch said contravention of the legislation's provisions had in recent years seen watershed labour court sanctions against some employers.

The report was strangely silent on how many companies had been prosecuted or the sanctions imposed.

It added that the CEE was closely following the "myth and the perception that mainly black professionals job-hop". A recent study by TNS Research Studies indicated otherwise.

It quoted the study as saying: "In the backdrop of affirmative action … job-hopping among black professionals is a problem commonly perceived to be faced by many companies in South Africa.

"While many people have something to say on the subject matter, few statistics exist to substantiate the claim.

"The research concluded that, while a proportion of black professionals have changed jobs since they started their careers, 'white' professionals are significantly more likely to have changed jobs, thus proving that job-hopping in South Africa is not unique to black professionals."

The commission said it had commissioned the Human Sciences Research Council to conduct a study to illustrate trends in supply of formal tertiary qualifications in public higher education, and the share of designated groups since the promulgation of the legislation.

It said: "Understanding the absolute size and growth in supply of the designated groups (as compared to non-designated groups) is important in addressing the assertion that … 'they (skilled blacks and females) are just not out there' often forwarded as the rationale for the continued domination of whites, particularly white males, of the top and senior echelons of the South African corporate environment."

The CEE said an important finding by the study was that there had been changes in the distribution of main study fields of tertiary qualifications. There had been a shift towards science, education, technology, business, commerce and management sciences, it said, and an increased emphasis on postgraduate qualifications.

"However, the shift towards postgraduate qualifications resulted in a racially skewed profile, where most Africans and coloureds attained undergraduate qualifications, whites and Indians attained postgraduate qualifications, reinforcing occupational segmentation.

"A key recommendation included investigating the rationale for the inequitable supply of African and coloured engineers, despite high rates of growth. Similarly, the continued undersupply of coloureds in key fields was a source of concern," said the CEE.

The study found that considerable progress had been made in regard to the level and type of qualifications attained by designated groups in all the fields mentioned, but key pockets of overrepresentation of white people remained.

"Data shows that there is a growing pool of designated groups that on the basis of formal post-school qualifications may be regarded as suitably qualified in terms of the Employment Equity Act.

"Furthermore, when looking nationally at higher education qualifications, there appeared to be a concerted effort across all study fields to increase the rate of growth of black graduates, and Africans in particular. Very high rates of growth in the supply of Africans and females attest to the transformative imperative."

The commission said that the study concluded with the assertion that "there is very little merit in the assertion that qualified blacks and females were not out there".

3 International

3.1 Zim power-sharing deal an elitist pact: ZCTU

Nokuthula Sibanda, ZimOline, 22 September 2008

Zimbabwe’s power-sharing deal is an elitist pact between politicians that pays little regard to the wishes of workers or the electorate, the country’s labour movement said at the weekend.

The powerful Zimbabwe Congress of Trade Unions (ZCTU) said negotiations that gave birth to the power-sharing pact were flawed because they excluded civic society, while powerful politicians, including some who were rejected by voters, were allowed to craft a deal determining the future of the country.

ZCTU said in a statement after a Saturday meeting of its general council: "The deal is all about power-sharing between ZANU PF (President Robert Mugabe’s party) and MDC (opposition party), leaving out primary causes of the dispute which has created the political and economic impasse currently prevailing in the country.

"The process used in coming up with the deal was not all-inclusive as the civic society was not given an opportunity to participate."

Mugabe, MDC leaders Tsvangirai and Arthur Mutambara signed an agreement last Monday to form a power-sharing government. Under the deal, Mugabe remains president but will relinquish some of his powers to Tsvangirai who becomes prime minister while Mutambara, who heads the smaller faction of the MDC, will be appointed deputy prime minister.

The power-sharing deal has been lauded as the first real opportunity in nearly 10 years for Zimbabwe to begin work to end an economic crisis characterised by the world’s highest inflation of more than 11 million percent, skyrocketing unemployment and shortages of food and every basic survival commodity.

But a deadlock over how to share key government posts has stocked up skepticism over whether the deal, clinched after seven weeks of tortuous negotiations, could stand the strain given the deep personal animosity and mistrust especially between Mugabe and Tsvangirai.

The ZCTU, which gave birth to the MDC nine years ago and remains an ally of the opposition party, said it will summon prime minister-designate Tsvangirai to explain to the labour union why he agreed to the pact with Mugabe.

The union said while it rejected the deal because it ignores the will of Zimbabweans as reflected in last March’s elections won by the MDC and Tsvangirai it would only decide on the next step after meeting Tsvangirai.

The two formations of the MDC won a total 110 seats against ZANU PF’s 99 in the key House of Assembly while Tsvangirai defeated Mugabe in the March 29 polls but did not achieve outright victory to avoid a second round run-off vote.

Tsvangirai later pulled out of the run-off election in June in protest against state-sponsored violence against his supporters and in the process allowing Mugabe to win uncontested.

However, the June 27 poll was rejected by major Western governments and some African nations as undemocratic.

The ZCTU said the way forward for Zimbabwe was: “All-inclusive dialogue to resolve Zimbabwe ’s political and economic impasse. Ownership of the dialogue process should rest with the people of Zimbabwe, not just a few politicians, some of them who have been rejected by the electorate."

The ZCTU and other civic society groups have long said agreement between Zimbabwe’s two largest political parties alone would not end the country’s multi-faceted political and economic crisis and had called for the inclusion of organised civic society, smaller opposition parties and other stakeholders in the power-sharing talks.

3.2 Workers body dismisses Zimbabwe's power sharing deal

RadioVOP, 22 September 2008

http://www.radiovop.com/index.php?option=com_content&task=view&id=3889&Itemid=755

Zimbabwe’s biggest labour representative body, the Zimbabwe Congress of Trade Union (ZCTU), has dismissed the recently signed power sharing deal between the ruling ZANU PF party and the two formations of the opposition Movement for Democratic Change (MDC).

It described the deal as a mere power sharing arrangement devoid of any solutions to the mounting political and economic problems facing the country.

It said it was a “far cry,” from the expectations of the people at the end of a weekend meeting of its governing council, called to discuss the deal signed by the two political parties last week.

“After deliberating on the issue and taking a closer look at the deal, the General Council noted that the deal is a far cry from the ZCTU expectations and that it is an outcome of a flawed process,” said Wellington Chibhebhe, ZCTU secretary general.

“The General Council noted, the deal is all about power sharing between Zanu PF and MDC, leaving out primary causes of the dispute which has created the current political and economic impasse currently prevailing in the country.”

The labour body also made it clear that it was not happy with the deal and its non inclusive stance. It accused the negotiating parties of not including the views of the wide spectrum of the Zimbabwean society particularly the civil society.

“The exclusion of such critical sectors as labour, the general council noted, and the secretive manner in which issues were discussed, do not give credence to the outcome of the deal,” said Chibhebhe.

The labour body said it treats the deal as a stop gap measure not a panacea to the country’s mounting woes and gave a timeline to meet with the MDC leader and Zimbabwe’s Prime Minister elect Morgan Tsvangirai to express their views on the power sharing arrangement.

A number of other Zimbabwe civic bodies have cautiously welcomed the deal calling for the inclusion of more people and the immediate drafting of a new constitution.

3.3 Bombings are a call for change, says PUDEMO

Nelsiwe Ndlangamandla, Swazi Observer, 22 September 2008

Mario Masuku, President of the People’s United Democratic Movement (PUDEMO) has said the bombings are a statement that government should take seriously.

Masuku said he believed that government should call all stakeholders and engage them in talks to find a solution to problem faced by the country.

“The bombings are continuing and something has to be done fast to avoid any further loss of life.” Masuku people expect changes in the way the country is governed. He, however, said it was not their place as a political party to condemn or condone such acts.

We condemn such acts - SFTU

The Swaziland Federation of Trade Unions (SFTU) has condemned the bombings that have been taking place in the country.

The Secretary General, Jan Sithole said they dissociate themselves from such acts of violence. He further called on the police to make sure that people who are responsible for these acts are brought to justice.

“For a long time we have said that we do not believe in violent acts and even now as unions we stand by our word.”

Sithole stated that as trade unions they believe that things should be solved with dialogue. He said it is the task of the police to see to it that the people who destroy property are brought to justice.

Sithole stated that even in the recent march the people who were responsible for planting the bombs have to be found and arrested if need be.

The people who are responsible have no capacity to rule – Sibahle

Violence is not the right direction to political reformation, Musa Nkhambule of Sibahle Sinje has said.

Nkhambule stated that they condemn such acts and disassociate themselves from such. He said innocent Swazis suffer in bomb explosions.

“This could be dangerous because you may find that it is your relatives who will get hurt in the bombings, so this is not right.”

He said the best way to get over such matter was for all parties involved to come around the table to find a solution.

…You reap what you sow – Prince Masitsela

Prince Masitsela has said the terrorists who died over the weekend have got what was coming to them for planting the bombs in the country.

The Prince said it was sad that these people died but they planted the bombs so that other people could get hurt and therefore, they reaped what they had sown.

“It is not a good thing that people are dying and we hope that this would be a lesson to all terrorists.” He said it is upon every one to make sure that citizen of this country are safe. The prince said if people want to rule they, should not destroy the country.

Dialogue is the solution to conflicts - Marwick

Marwick Khumalo Lobamba Lomdzala Member of Parliament (MP) has said the way to resolve conflicts was through dialogue.

He said violence only makes the situation worse instead of bringing things into order.

“Violence has never been acceptable in problem solving and people should not resort to it.” He made an example of Zimbabwe, saying there were violence acts but they did not bring peace in the country.

“The only way to resolve the conflicts was for the leaders to try and solve the problems through dialogue.

This should be a lesson to every one that dialogue is the best way for smooth running of the country.”

clip_image001.gif

clip_image014.jpg

clip_image016.gif

clip_image017.jpg

clip_image019.jpg

clip_image021.jpg

clip_image023.jpg

clip_image025.jpg

clip_image027.jpg

clip_image029.jpg

clip_image031.jpg

clip_image002.gif

clip_image033.jpg

clip_image035.jpg

clip_image036.jpg

clip_image038.jpg

clip_image040.jpg

clip_image042.jpg

clip_image004.jpg

clip_image006.jpg

clip_image007.jpg

clip_image009.jpg

clip_image010.jpg

clip_image011.jpg

clip_image013.jpg

Reply all

Reply to author

Forward

0 new messages